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Family gets High Court settlement of €650,000 over fatal car crash

Rose Martin (57) and son were passengers in a car in a collision in 2006

Fri, Jul 4, 2014, 01:00

The family of Rose Martin, who died after the 2006 crash in Louth, has had a settlement of €650,000 approved by the High Court. Photograph: Chris Maddaloni/Collins

The family of a mother of five who died after suffering injuries in a car accident have secured €650,000 in settlement of their High Court action.

Rose Martin, who was 57, and one of her children, David were passengers in the car driven by her husband William when it was involved in a collision with another car at Kilkerley, Co Louth on News Year’s Eve 2006.

The impact pushed the Martins’ car into the ditch on the right hand side of the road and it bounced back into the road.

Today Ms Justice Mary Irvine approved a €650,000 settlement of the action brought by William Martin on behalf of his family arising from the crash.

Mr Martin, Carrickakelly, Iniskeen, Co Monaghan, sued the driver of the other car, Jason Kearney, Cedar Wood Park, Dundalk, Co Louth as a result of the accident at Philipstown Corner, Kilkerley.

Ms Marin was a front seat passenger in the car driven by her husband while David, who has Down Syndrome, was a back-seat passenger.

All three suffered injuries and Ms Martin died in hospital on January 11th, 2007, some 11 days after the accident.

In his action, William Martin alleged Mr Kearney drove directly into the path of an oncoming vehicle and drove too fast given the prevailing circumstances and conditions.

An inquest heard William Martin’s leg was trapped under the dashboard and he continued to speak to his wife and son until help arrived. All three were taken by ambulance to Our Lady of Lourdes Hospital, Drogheda.

In court documents, Mr Martin said he was in “terrible shock” after the accident and couldn’t believe what had happened. His wife, who was conscious after the crash, was only concerned for their son whom she cared for on a 24-hour basis, he said.

Hugh Mohan SC, for the family, said Ms Martin was the main carer for David, now aged 34.

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David required emergency abdominal surgery after the accident and was in hospital for several days afterwards. Mr Martin suffered injuries to his lovwer left leg and still has to use a crutch, the court heard.